Indefinite Leave to Remain After a UK Spouse Visa

ILR After Five Years: The Standard Route

The spouse visa route to ILR works as follows:

Initial visa: 33 months (entry clearance from outside the UK) or 30 months (in-country switch)
FLR(M) extension: 30 months
ILR application (SET(M)): submitted once five years of continuous residence is completed

The five-year clock runs from the date the initial leave was granted. The ILR application reassesses the same core requirements as the initial and extension applications: the relationship must be genuine and subsisting, the financial requirement must be met, and continuous residence must be demonstrated.

Continuous Residence Requirement

Continuous residence means you have been lawfully present in the UK throughout the five-year qualifying period without gaps. A gap between the expiry of the initial visa and the grant of the FLR(M) extension — where the FLR(M) was submitted in time and Section 3C leave applies — does not break continuous residence. Any period of overstay must be explained.

Absences and the 180-Day Rule

The continuous residence requirement allows absences of up to 180 days in any 12-month period. Exceeding this limit in any 12-month period across the five years may break continuous residence and affect ILR eligibility. The 180-day limit applies to each rolling 12-month period, not just each calendar year.

Practical advice:

Keep a travel diary or spreadsheet recording every trip abroad — dates of departure and return, countries visited, purpose of travel
If you know you will be abroad for an extended period, seek advice before the trip, not after

Documents Required for ILR

Identity and status:

Current passport (and all passports held during the five-year qualifying period)
Evidence of the full immigration history on the partner route (initial visa, FLR(M))
eVisa details / UKVI online account share code

Relationship and cohabitation:

Cohabitation evidence spanning the five-year qualifying period
Evidence that the relationship remains genuine and subsisting

Financial: sponsor's payslips, bank statements, and employer letter showing current income at or above £29,000

English language: SELT certificate at B1 level (speaking and listening), or evidence of exemption

Continuous residence: full travel history with passport showing all exit and entry stamps

Life in the UK test: pass certificate

The Life in the UK Test

All ILR applicants between the ages of 18 and 65 must pass the Life in the UK test. This is a 24-question multiple-choice test covering British history, culture, and civic life. A pass mark of 75% (18 correct out of 24) is required. The test is taken at an approved test centre and results are issued immediately.

English Language at ILR Stage (B1)

By the ILR stage, the required English level has increased to B1 (speaking and listening). This is a significant step up from the A1 required at initial application and the A2 required at extension. Most applicants will need a new SELT at B1 level for the ILR application.

2025 White Paper: Earned Settlement Proposals

The 2025 Immigration White Paper proposed significant changes to the settlement framework. As of May 2026, these proposals are not yet law. The government has confirmed that the five-year ILR route for spouses and partners of British citizens is protected from the earned settlement proposals.

After ILR: British Citizenship

After being granted ILR, you must hold it for at least one year before applying for naturalisation as a British citizen. Naturalisation requirements include five years of continuous UK residence (with no more than 450 days absent across the five years and no more than 90 days absent in the final 12 months), holding ILR, good character, sufficient English (B1 level), and passing the Life in the UK test.

Common ILR Refusals

Absences exceeding the 180-day limit. Document all travel carefully.
English language not at B1. Submitting A2 or A1 certificates for the ILR application.
Financial requirement not met. A drop in the sponsor's income below £29,000 in the months before the ILR application.
Relationship no longer subsisting. Where cohabitation evidence does not convincingly demonstrate an ongoing shared life.

Frequently Asked Questions

How long does it take to get ILR after a UK spouse visa?

Five years of continuous residence on the partner route. The initial visa (33 months) plus the FLR(M) extension (30 months) together cover more than five years, so most applicants are eligible for ILR shortly after the extension is granted.

What is the ILR fee?

Currently £3,226 for SET(M). No Health Surcharge applies.

How many days can I be outside the UK?

Up to 180 days in any 12-month period across the five-year qualifying period.

Can I apply for British citizenship after ILR?

Yes, after holding ILR for one year, provided you meet the residence, English language, Life in the UK test, and good character requirements.